2019-047 - Adopting Mitigated Negative Declaration Environmental Review No. 2018-75

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• Remove and dispose of the soil from the site where pesticides and/or herbicides are detected above regulated levels. • Through a corrective grading process, which consists of digging out soil containing pesticides and/or herbicides along with a large quantity of underlying soil that does not contain pesticide concentrations, followed by further testing to confirm whether the resulting concentrations of pesticides in soil require further management as either a California hazardous waste or concern based on levels above the EPA Regional Screening Levels (RSLs). Compliance by the project contractor with all existing applicable state and county laws and regulations for the survey and proper removal and disposal of any on -site hazardous materials and implementation of the recommended mitigation measure would reduce potential hazardous material impacts to the public or the environment through the routine transport, use or disposal of hazardous materials to less than significant. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? No Impact. There are no uses or activities associated with the project that would create or release hazardous materials into the environment. The project would not have any hazard impacts to the public or environment involving the release of a hazardous material. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? No Impact. Taft Elementary school is located adjacent to and north of the site and the closest school to the project. There are no schools proposed for development within one -quarter mile of the project. The hazardous materials that would be used during project construction (fuel, lubricants, paint) and the janitorial/maintenance cleaning materials that would be used to clean and maintain the apartments, swimming pool, fitness center, leasing area, etc. would not impact Taft Elementary school. Any hazardous materials that would be used and stored on -site during project construction are required by law to be stored and locked in a safe area. The project contractor is responsible for the safe use and storage of all hazardous materials during project construction. The continued use and storage of janitorial and building maintenance materials that are current used on -site would continue to be used and stored in a safe manner. Similarly, the use and storage of janitorial and building maintenance materials for the proposed mixed -use building would also be stored and used in compliance with all applicable state and local laws for these types of cleaning materials. Project compliance with all applicable state and local laws and regulations for janitorial/maintenance cleaning materials would not have any hazardous emission impacts. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, will create a significant hazard to the public or environment? No Impact. Based on the Phase I ESA, the project site is not listed as a hazardous material site on the "Cortese" list pursuant to Government Code Section 65962.5. The project would not have a hazardous impact to the public or environment with the development of the site per Government Code Section 65962.5. Legacy Sunflower Apartments Page 58 Mitigated Negative Declaration — March 14, 2019